Paul DeCamp, Member of the firm in the Employment, Labor & Workforce Management practice, in the firm’s Washington, DC, office, was quoted in Law360 Employment Authority, in “Wage and Hour Regulatory Moves to Watch in 2026,” by Irene Spezzamonte. (Read the full version - subscription required.)
Following is an excerpt:
Trump's September regulatory agenda indicated that the U.S. Department of Labor's Wage and Hour Division could focus on nixing the Biden-era rule determining whether workers are independent contractors and rolling out a rule addressing joint-employer liability under the Fair Labor Standards Act. …
On the Agenda
Paul DeCamp, who was the Wage and Hour Division administrator under former President George W. Bush, also said there might be other changes beyond the independent contractor and joint employer rules, as the DOL suggested it could remove interpretative rules from the Code of Federal Regulations.
Those rules could move into "some sub-regulatory type guidance, so that it's clear for the regulated communities and for the courts whether the department's pronouncements are really notice and comment rules subject to a higher level of deference versus interpretations that are not necessarily entitled to that same level of legal status," DeCamp, a member of management-side firm Epstein Becker Green, said. …
All Eyes on the States
States could end up introducing their own regulations in 2026, experts say. …
DeCamp agreed that state and local activity is where to pay particular attention, as worker friendly states and the federal government clash.
"The current administration, with its policy orientation, is unlikely to be moving in directions that states with more worker-friendly legislatures are going to like," DeCamp said, "and in that environment, it's common for certain states to get more active in their legislation and in their rulemaking to try to fill the gap." ....
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